01-11-00213-CR Daniel Harris v. The State of Texas–Appeal from 182nd District Court of Harris County

A jury found appellant, Daniel Harris, guilty of the offense of aggravated kidnapping,[1] and the trial court assessed his punishment at confinement for thirty-three years. In two issues, appellant contends that the trial court erred in denying his Batson[2] challenge to the composition of the venire panel and he received ineffective assistance of counsel. Continue reading
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01-10-01105-CR Larry Adams v. The State of Texas–Appeal from 10th District Court of Galveston County

Larry Adams pleaded not guilty to three charges of aggravated robbery. See Tex. Penal Code Ann. 29.03(a)(2) (West 2011). The jury found him guilty and assessed his punishment at nine years in prison for one charge and six years for each of the other two charges. On appeal, Adams contends that the evidence is insufficient to support his conviction under the law of parties. We affirm. Continue reading
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WR-21,005-02 BOWER, LESTER LEROY JR. GRAYSON COUNTY

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5, and a motion to unseal records.
In April 1984, a jury found applicant guilty of four counts of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant’s punishment in each case at death. This Court affirmed applicant’s convictions and sentences on direct appeal. Bower v. State, 769 S.W.2d 887 (Tex. Crim. App. 1989). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on October 2, 1989, pursuant to Article 11.07 then in effect. The application challenged all four convictions and sentences. This Court filed and set each case and ultimately denied applicant relief. Ex parte Bower, 823 S.W.2d 284 (Tex. Crim. App. 1991). Applicant then sought habeas relief in the federal district court. The district court conducted an evidentiary hearing in June 2000 and ultimately denied relief in a series of opinions issued in 2002-2004. The Fifth Circuit affirmed the district court’s decision on September 18, 2007, and the United States Supreme Court denied applicant’s petition for writ of certiorari on April 21, 2008. Continue reading
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AP-76,818 ALEXANDER, EX PARTE GUY STEPHEN FROM HARRIS COUNTY

In August 1989, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant’s conviction and sentence on direct appeal. Alexander v. State, No. AP-70,941 (Tex. Crim. App., April 14, 1993). On January 16, 2001, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Alexander, No. WR-57,156-01 (Tex. Crim. App., Nov. 5, 2003). Continue reading
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AP-76,816 WHITE, EX PARTE OMAR FROM NUECES COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to failure to comply with registration requirements and was sentenced to four years’ imprisonment. He did not appeal his conviction. Continue reading
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AP-76,815 SMITH, EX PARTE THOMAS CLEVELAND FROM SMITH COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to fifteen years’ imprisonment. Continue reading
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AP-76,814 FAULK, EX PARTE CHARLES LEE FROM HOUSTON COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to seven years’ imprisonment. The Twelfth Court of Appeals dismissed his appeal. Faulk v. State, No. 12-11-00284-CR (Tex. App.-Tyler Oct. 12, 2011, no pet.). Continue reading
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AP-76,763 DELEON, EX PARTE JESUS FROM CAMERON COUNTY – Pub.

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). In cause number 06-CR-0405-G, Applicant was convicted of aggravated sexual assault of a child, sexual performance by a child, and two counts of possession of child pornography. He was sentenced to imprisonment for ten years on each possession of child pornography count and for fifty and twenty years on the other counts. In cause number 06-CR-2746-G, Applicant was convicted of twenty counts of possession of child pornography and sentenced to ten years’ imprisonment on each count. The Thirteenth Court of Appeals affirmed his convictions. De Leon v. State, Nos. 13-07-00187-CR & 13-07-00189-CR (Tex. App.-Corpus Christi-Edinburg May 15, 2008, pet. ref’d). Continue reading
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AP-76,455 DISSENTING OPINION JUDGE ALCALA – Dissent.

I respectfully dissent because I would grant applicant, Arthur Lee Williams, a new trial on punishment for two reasons. First, the Texas death-penalty scheme effective at the time of applicant’s trial was unconstitutional as applied to him because it did not allow the jury to consider mitigation evidence that he presented at trial. Second, applicant’s trial counsel rendered ineffective assistance by failing to investigate and present mitigation evidence that differed in character and strength from evidence presented at trial and that substantially altered the sentencing profile that was before the jury. I would sustain applicant’s thirteenth and fifteenth issues, grant relief, and order a new trial on punishment. Continue reading
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AP-76,455 CONCURRING OPINION JUDGE COCHRAN – Concurrence.

This case was tried almost thirty years ago. The law concerning the punishment issues in a death penalty case was much different then. (1) The law concerning mitigation evidence was much different then. (2) And the law concerning defense counsel’s constitutional duty to investigate mitigating evidence was much different then. (3) Continue reading
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AP-76,455 CONCURRING OPINION JUDGE KEASLER – Concurrence.

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,455

EX PARTE ARTHUR LEE WILLIAMS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 354897-A IN THE 208TH DISTRICT COURT

FROM HARRIS COUNTY

To prove ineffective assistance of counsel under Strickland v. Washington, (1) an applicant must demonstrate that counsel’s performance was deficient and that the deficiency prejudiced the defense. (2) Assuming Arthur Lee Williams has established that counsel’s performance was deficient because counsel failed to investigate and present mitigating evidence at the punishment phase, I agree with the majority that Williams has failed to establish resulting prejudice. I write separately to emphasize the weakness of the habeas evidence in support of Williams’s claim of prejudice. It is not reasonably probable that the outcome of Williams’s sentencing would have been different had this evidence been admitted.

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AP-76,455 WILLIAMS, EX PARTE ARTHUR LEE FROM HARRIS COUNTY

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,455

Ex parte ARTHUR LEE WILLIAMS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM HARRIS COUNTY

In1983, applicant was convicted of capital murder and sentenced to death. (1) We affirmed his conviction on direct appeal. (2) Subsequently, applicant filed an application for a writ of habeas corpus. (3) We filed and set seven of his allegations. Concluding that none of his allegations have merit, we deny relief.

I. BACKGROUND

Applicant was on parole in Minnesota for aggravated robbery. He left a halfway house without permission and came to Texas. An arrest warrant was issued for the parole violation, and Daryl Wayne Shirley, a plainclothes police detective, came to the apartment complex at which applicant was staying to arrest him on that warrant. During a struggle between the two, applicant shot and killed Detective Shirley.

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AP-76,051 VELEZ, MANUEL FROM CAMERON COUNTY

In October 2008, a jury convicted appellant of the 2005 capital murder of a one-year-old child. Tex. Penal Code Ann. § 19.03(a)(8). Based on the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, sections 2(b) and 2(e), the trial judge sentenced appellant to death. Art. 37.071, § 2(g). (1) Direct appeal to this Court is automatic. Art. 37.071, § 2(h). Appellant raises forty-six points of error on direct appeal. After reviewing appellant’s points of error, we find his guilt phase points of error to be without merit. We sustain point of error five and reverse and remand this case for a new punishment hearing. We overrule all other punishment phase points of error. Continue reading
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WR-4,163-27 JACKSON, RAYMOND DALLAS COUNTY – Pub.

Applicant was convicted of aggravated sexual assault in 1984 and sentenced to ninety-nine years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Jackson v. State, No. 05-84-00097-CR (Tex. App.-Dallas, delivered May 2, 1985, pet. ref’d) (not designated for publication).
On March 16, 2012, applicant filed an application for a writ of habeas corpus alleging that he was actually innocent of the crime charged. As proof of his innocence, applicant relied upon recent DNA testing that excluded him as a contributor of the sperm specimen obtained from the victim. Applicant attached a Memorandum of Law to his application that contained further information regarding his claim. Continue reading
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09-11-00627-CR Robert Wayne Maze a/k/a Rob Ace Maze v. The State of Texas–Appeal from 252nd District Court of Jefferson County – Pub.

In carrying out a plea bargain agreement, Robert Wayne Maze a/k/a Rob Ace Maze pled guilty to sexually assaulting a child, a second-degree felony. See Tex. Penal Code Ann. § 22.011 (West 2011).[1] The trial court deferred adjudicating Maze’s guilt, placed Maze on community supervision for ten years, and fined Maze $1,000.
Before Maze completed the period required by the terms of the trial court’s community supervision order, the State filed a motion asking that the trial court revoke its decision to place Maze on community supervision. At the hearing on the motion to revoke, Maze pled true to having violated two of the conditions established by the community supervision order. At the conclusion of the hearing, the trial court found that Maze violated Continue reading
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09-11-00454-CR Patrick Dewayne White, Jr. v. The State of Texas–Appeal from 252nd District Court of Jefferson County

Patrick Dewayne White, Jr.[1] appeals from the trial courts revocation of his community supervision and adjudication of guilt. White contends that his sentence is excessive and constitutes cruel and unusual punishment. He further contends that he received ineffective assistance of counsel. We overrule both issues and affirm the trial courts judgment.

BACKGROUND

Pursuant to a plea bargain agreement, White pled guilty to possession of a controlled substance, namely cocaine. See Tex. Health & Safety Code Ann. § 481.115 (West 2010). The trial court deferred adjudication of guilt and placed him on community supervision for three years. The State subsequently filed a motion to revoke, alleging White violated 14 terms of his community supervision. After White pled true to a violation of the conditions of his community supervision, the trial court found White violated the terms of his community supervision, found him guilty of possession of a controlled substance, and assessed punishment at two years of confinement in the state jail. White did not object when the trial court pronounced sentence, and did not file a motion for new trial. Continue reading
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09-11-00441-CR Eddie Davon Keller v. The State of Texas–Appeal from 252nd District Court of Jefferson County

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-11-00441-CRNO. 09-11-00442-CRNO. 09-11-00443-CR____________________

supervision in three aggravated robbery offenses. All three offenses involved Keller’s use
of a firearm. Keller was sentenced to life in prison for each offense. The trial court
ordered the sentences to run consecutively. With identical briefs, Keller appeals the trial Continue reading
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09-11-00307-CR Jordan Thomas a/k/a Jordan Terrell Thomas v. The State of Texas–Appeal from 252nd District Court of Jefferson County – Pub.

Appellant Jordan Thomas[1] appeals from the trial court’s revocation of his deferred adjudication community supervision and imposition of sentence in two cases. In cause number 10-08824 and cause number 10-10549, Thomas pled guilty to aggravated robbery. In each case, the trial court found evidence sufficient to find Thomas guilty, deferred further proceedings, placed Thomas on community supervision for ten years, and assessed a fine of $2,000.
The State subsequently filed a motion to revoke Thomas’s unadjudicated community supervision in both cases. At the hearing on the motion to revoke, Thomas pleaded true to two violations of the conditions of his community supervision in each of his cases. In cause number 10-08824, the trial court found that Thomas violated the terms of his community supervision order, found him guilty of aggravated robbery, and assessed his punishment at 65 years’ confinement. In cause number 10-10549, the trial court also found that Thomas violated the terms of his community supervision order, found him guilty of aggravated robbery, and assessed his punishment at 65 years’ confinement. In three issues, Thomas essentially contends that the trial court erred in each of his cases, by assessing a fine in its written judgments when the court did not orally pronounce a judgment at the time of sentencing. The State concedes error. We sustain Thomas’s issues and affirm the judgment as modified. Continue reading
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09-11-00146-CR Ruben Alejandro Reyes v. The State of Texas–Appeal from 284th District Court of Montgomery County – Pub.

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-11-00146-CR____________________

Ruben Alejandro Reyes appeals from his convictions for two counts of intoxication assault. On count one, the trial court sentenced Reyes to five years in prison, and on count two to two years in prison. The trial court ordered count two to run consecutively to count one.
Reyes’s appellate counsel filed an Anders brief that concludes there are no arguable points of error.[1]Reyes filed a pro se brief. Continue reading
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